TMI BlogCustoms Valuation (Determination of Price of Imported Goods) Rules, 1988 - Cases handled by Special Valuation Branch of the Custom Houses - Regarding.X X X X Extracts X X X X X X X X Extracts X X X X ..... ollaboration agreements between the seller and buyer and also the financial burden on account of the requirement of the extra duty deposit etc. 2. On the basis of this review, the Board has taken the following decisions : (1) The 'Special Valuation Branch' (SVB, for short) as an institution specialising in investigating transactions involving special relationships and certain special features should be continued. However, these SVBs would be located only at four Custom Houses i.e. at Chennai, Calcutta, Delhi and Mumbai. Any decision taken in respect of a particular case in any of the four major Custom Houses shall be followed by all other Custom Houses/formations. (2) The SVB of any one of the four Custom Houses, located proxima ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r without any reference to SVB. In coming to a conclusion in this regard, the provisions of Rules 4(3)(b) and 4(3)(c) of the Valuation Rules, 1988 and the interpretative Notes relating to Rule 4(3)(b) should be kept in view. (b) Where however, any particular case is not covered by (a) above and an examination of the circumstances surrounding the relevant sale is clearly required to be undertaken, the case should be referred to the SVB. In such a case, there should be prima facie evidence of the relationship having influenced the price declared by the importer. (4) In regard to transactions where the sale or price is subject to certain restrictions, or conditions or considerations [c.f. Rules 4(2)(a) and 4(2)(b)] the Assessment Group wil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f any subsequent sale, disposal or use of imported goods [i.e. Rule (9)(1)(d)] or other payments made as a condition of sale of imported goods [i.e. Rule 9(1)(e)] prima facie merits addition to the transaction (invoice) price the case may be referred to the SVB after following the provisional assessment procedure. 4. All cases to be registered in the SVB for a special investigation shall be with the specific approval of the concerned Commissioner of Customs. Without the approval of the Commissioner, no case should be referred to the SVB. Where the imports requiring investigation by SVB are noticed in a Custom House or Customs formation other than Chennai, Calcutta, Delhi and Mumbai Custom Houses, all the relevant records should be forward ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s, the requirement of furnishing information and the formats of the sample questionnaire, Annexure `X' (i.e. list of the documents required to be submitted in case of Sole Agencies/Sole distributors/Sole concessionaires). Annexure Y (i.e. list of documents required to be submitted in case of collaboration Agreement). Statement `A' (i.e. information to be filed by Agents, distributors etc.) and Statement `B' (i.e. information to be furnished by subsidiaries/collaboration Agreements), may be continued as in the past. It is however, emphasised that the required information should not be sought piece-meal. Any importer to whom the Questionnaire is issued should be directed to furnish the reply within 30 days of receipt of the Questionnaire. 6 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as furnished all the required information or not. 10. As regards the cases pending with the SVB of various Custom Houses pending as on 30-4-1997, steps should be taken to complete the investigation and have the issues finally settled by 28th February, 1998. All the concerned Chief Commissioners and Commissioners are requested to put in extra efforts by way of re-deploying officers to achieve this target. As for cases registered from 1-6-1991 to 31-12-1997, all the pending cases should be completed by 30-4-1998. 11.In view of the tight time-frame laid down for finalisation of SVB cases in para 9 above, the Commissioners of Customs should institute special monitoring arrangements and review periodically each pending cases and taken suitab ..... X X X X Extracts X X X X X X X X Extracts X X X X
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